Comments

Merit Decision: The Court Opens the Door to Adjacent, Non-Resident Property Owners to Challenge Zoning in a Neighboring Municipality. Moore v. Middleton. — 2 Comments

  1. In paragraph 67 of the dissent, Justice Lanzinger discusses what interest must be present to support standing. She emphasizes that a “legal interest” is needed, not just a practical interest. But the Moores had a legal interest they sought to protect, their property. The question seems to be, then, whether the interest at stake is afforded legal protection from the conduct complained of.

    She then states, “The issue of standing turns on the nature and source of the claim asserted by the plaintiffs.” And indeed, this is what the majority decision held – the Moores did not have standing to pursue a takings claim, but did have standing to pursue a declaratory judgment claim. Standing is not determined on a case basis, but rather on a claim basis. And standing under one claim does not vest the plaintiff with standing as to all claims. Although injury is the touchstone of standing, that injury must be appropriately related to both the interest being protected and the relief being sought.

    This linking of the injury to the interest claimed and claim asserted has not been much developed under Ohio law, although we see it in federal jurisprudence.

  2. The Court again used very strong language in support of private property owner rights. This is a positive development, especially in light of some recent cases. For example, the use of a strict statute of limitations in State ex rel. Nickoli v. Erie Metroparks, 2010-Ohio-606, is still very concerning.
    I also thought the Court did a good job explaining the differences between mandamus claims, substantive due process claims, and declaratory judgment claims. Property owners have different tools to use to challenge unconstitutional zoning provisions. Just because one way may not be available in a particular case, it does not necessarily preclude a property owner from pursuing a different cause of action.